In Intellectual Property (IP) Law and specifically patent law, the term embodiment refers to tangible forms of IP both existing or that can exist following development.
Quite simply, embodiment is an example of an invention.
Embodiments are seen in patent applications whereby the whole or a part of an invention is described as a tangible thing in greater detail showing an example of that part or the whole of the invention.
It gives greater meaning to the application and demonstrates how something will be made or how it will be used based on the patent outline.
An embodiment can be in any form or medium - including digital. For instance, should your IP have been involved in the development of a software program, that program is an embodiment of your IP.
Likewise, the physical component of your invention, developed from your novel ideas embodies your IP.
An embodiment does not necessarily infer that there is only one example of your IP in practice. It may be just one example of how your IP may be used.
While most patent claims protect at least one disclosed form of an embodiment, a well-drafted patent will protect the invention and all possible embodiments of the invention. It can also potentially protect embodiments not disclosed in the patent application if they fall within the scope of the claims.
Ultimately, your rights are defined and protected by what is in the claims of your patent, not by the embodiment or descriptive example.
That said, embodiments can sometimes place boundaries on the meaning of certain claim terms.
To ensure that any provided embodiment or example of your invention outlined in a patent claim is beneficial to you now and in future, it is best to engage an IP attorney.
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IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
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